Tanderup v. Hansen
South Dakota Supreme Court
Appeal from circuit court, Turner county. Hon. E. G. Smith, Judge. Action in justice court to recover damages. Plaintiff had judgment, and defendant appeals. The facts are stated in the opinion.
1Opinion of the CourtCorson, P. J.
This is the second appeal taken in this action. The opinion of the court on the former appeal is reported in 58 N. W. 578. The questions of law decided on that appeal have become the law of the case, and must control in all subsequent proceedings. Bank v. Gilman, 3 S. D. 170, 52 N. W. 869; Lumber Co. v. Mitchell (S. D.), 57 N. W. 236; Elliott, App. Proc. § 578. On the former appeal the question of the sufficiency of the complaint was involved, and this court held that the facts stated in the first cause of action were sufficient to constitute a good cause of action, and that the evidence…
2Cases cited6 opinions
- Baker v. JosephCalifornia Supreme Court · 1860
- Caledonia Gold Mining Co. v. NoonanSupreme Court Of The Territory Of Dakota · 1882
- Plymouth County Bank v. GilmanSouth Dakota Supreme Court · 1892
- Kent v. Dakota Fire & Marine InsuranceSouth Dakota Supreme Court · 1891
- St. Croix Lumber Co. v. MitchellSouth Dakota Supreme Court · 1894
1 more not listed; retrieve them via the Exa API.
3Cited by27 opinions
- Southern Ry. Co. v. DicksonSupreme Court of Alabama · 1924
- Henderson v. DreyfusNew Mexico Supreme Court · 1919
- Smalley v. Rio Grande Western Ry. Co.Utah Supreme Court · 1908
- Westerso v. City of WillistonNorth Dakota Supreme Court · 1950
- Schmidt v. CarpenterSouth Dakota Supreme Court · 1911
22 more not listed; retrieve them via the Exa API.